Court No. - 36
Case :- WRIT - A No. - 10687 of 2018 Petitioner :- Purnavasi Prajapati Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Sunil Kumar,Ashok Kumar Ram Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
The petitioner is seeking consideration of her claim as OBC Category candidate in the recruitment to the post of Constable PAC and Constable Civil Police pursuant to the advertisement issued on 29.12.2015. The claim of the petitioner is that he belongs to OBC Category (Non Creamy Layer) and therefore, he was entitled to be considered in the said category. The respondents have wrongly placed the petitioner in the unreserved category.
The caste certificate dated 29.1.2016, which has been issued for appointment to the post under the Government of India, records the caste of the petitioner as "who belongs to Other backward category" under the Government of India, Ministry of Welfare Resolution No. 12011/68/93 BCC(C) dated 10th September, 1993 and further that the petitioner resides in the State of U.P. It has also been stated therein that petitioner does not belongs to persons (Creamy Layer) mentioned in the column 3 of the schedule to the Government of India, Department of Personnel and Training Office Memorandum dated 8.9.1993. Thus, careful reading of the said certificate submitted by the petitioner for the purpose of consideration of his claim under the OBC Category (Non Creamy Layer) shows that it was not relevant for the purpose of seeking reservation in the services in the State of U.P.
No other submission has been made.
For the above noted reason, the claim of the petitioner to consider him as OBC Candidate (Non Creamy Layer) cannot be accepted.
No mandamus can be issued, writ petition is, accordingly, dismissed.
Order Date :- 26.4.2018
AK Pandey